Auto accident lawsuits can be long and complicated, requiring time, paperwork, and communication with insurance companies. Every case is different, but it can take several months to settle an auto accident lawsuit.
This timeframe also varies depending on the circumstances of each case, but here's a general idea of how long the process usually takes:
The first thing you should do after an auto accident is exchange information with the other driver. If you were injured in the accident, you should also call the police. You must exchange information and report the accident to the police to be able to file a lawsuit later.
Next, you should take care of yourself. You may be in pain and not know how serious your injuries are. After being treated for your injuries, you can decide what to do next.
It's a good idea to talk with an attorney as soon as possible after an accident to learn more about your options.
If you get seriously injured in an accident, it may take several weeks or even months before you feel well enough to begin the legal process. The first step is to talk with an attorney, preferably someone with experience handling auto accident cases.
It's essential to give the attorney time to gather all the necessary information about your case and decide on the best action. Many attorneys will only take your claim 30 days after the accident when your medical records are complete.
This gives them enough time to review your medical records and settle a strategy for your case.
After six months, most insurance companies will review your claim and decide whether or not they will offer you a settlement.
This is called the "statute of limitations." If you haven't received a settlement offer after six months, consider suing the other driver. This can be a good idea if you're still in significant pain since your medical bills may increase monthly.
It can also help you collect any lost wages or other damages you may be entitled to. Another option is to ask for a "nuisance settlement" from the other driver's insurance company. This is a small amount – often between $1,000 and $5,000.
While it won't cover all your medical bills, it can help you pay for lost wages, additional medical bills, and other damages that your insurance policy might not have covered.
After a year, you may want to consider asking for a "discovery." This is when the attorneys for both sides have enough information to exchange "discovery" information.
This allows both attorneys enough time to gather evidence and decide on a strategy. You can also ask to meet with the other driver's insurance company outside court. This is often referred to as "mediation." Mediation is not the same as arbitration.
In mediation, attorneys are not present, and both parties can walk away at any time. Mediation aims to decide on a fair settlement between the two parties. If mediation fails, you and the other driver can proceed to arbitration.
Gather together all of your medical bills, lost wages, and any other evidence demonstrating how your injuries have affected you and your life. This will help the judge decide how much your case is worth.
After two years, most insurance companies stop paying for your medical bills. This is called "medical underwriting." They may also stop paying for your lost wages, legal fees, or any other damages you may be entitled to, like the cost of repairing your vehicle or a rental car.
You may consider filing a lawsuit if the other driver's company stops paying. If you wait too long and decide to file a lawsuit after two years, you may have difficulty winning your case. This is because it will take more work to prove your case.
Your attorney may ask the judge to schedule a trial if you don't settle after the allotted time. Both sides present their evidence, and a judge decides who wins the case. If you choose to take the case to trial, make sure your attorney is ready and prepared.
Be sure to ask your attorney about the trial strategy and how long the trial may take. Trial dates can be unpredictable and can sometimes take longer than expected.
It can take a long time for the attorneys to get ready for trial, especially if the judge decides to schedule the trial for a future date.
Conclusion
Three years or more: If your case has become complicated and takes a long time to settle, consider bringing it to trial. You should also consider trialing your case if the other driver won't offer you a settlement.
Sometimes, it's better to wait for a decision from the judge than to settle for a low amount of money. If your case lasts more than three years, you should ask the judge to dismiss your case.
In rare cases, the judge may dismiss your case even if it's been less than three years. This is usually due to "laches," a legal concept that means you have waited too long to take action.
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